Chiropractic Licensing

Revises licensure and examination process for chiropractors.
(HB2486 HD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 442-2, Hawaii Revised Statutes, is
 2 amended by amending subsection (a) to read as follows:
 3      "(a)  It shall be unlawful for any person to practice
 4 chiropractic without a license.  Any person applying for a
 5 license to practice chiropractic shall submit an application to
 6 the board of chiropractic examiners [no later than sixty days
 7 prior to the examination,] accompanied by the application [and
 8 examination fees] fee, and all documents and affidavits that may
 9 be prescribed by law.  The application shall be submitted in
10 accordance with the rules of the board, shall be on a form
11 prescribed by the board, and shall be signed by the applicant.
12 In addition thereto, each applicant shall furnish to the board:
13      [(1) A photostatic copy of the applicant's diploma from a
14           chiropractic college or school holding status with the
15           commission on accreditation as provided in this
16           section;]
17     [(2)] (1)  Satisfactory proof that the applicant has
18           [completed two years of liberal arts or science study
19           at a university or college;] met the educational

Page 2                                                     2486
                                     H.B. NO.           H.D. 1

 1           requirements prescribed in the rules of the board;
 2           provided that [this requirement] these educational
 3           requirements shall not apply to applicants having
 4           entered an approved chiropractic college on or before
 5           October 31, 1955; and
 6      [(3) Evidence of having attended and] (2)  Satisfactory
 7           proof that the applicant graduated from a chiropractic
 8           college accredited by, or recognized as a candidate for
 9           accreditation by, any chiropractic college accrediting
10           agency recognized by the United States Department of
11           Education[.  Students who have]; provided that the
12           requirements shall not apply to applicants who
13           matriculated in any chiropractic college prior to
14           October 15, 1984[, shall be exempt]."
15      SECTION 2.  Section 442-6, Hawaii Revised Statutes, is
16 amended to read as follows:
17      "442-6  Examinations.  [(a)  The board of chiropractic
18 examiners shall schedule examinations at least two times each
19 year.  The office of the board shall be in Honolulu.
20      (b)  Each applicant shall be designated by a number instead
21 of the name, so that the applicant's identity will not be
22 disclosed to the examiners until the papers are graded.

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                                     H.B. NO.           H.D. 1

 1      (c)  The applicant shall be required to pass parts I and II
 2 of the National Board of Chiropractic Examiners' written
 3 examination and the written clinical competency examination in
 4 order to qualify for the state chiropractic examination.  The
 5 state chiropractic examination shall be designed to ascertain the
 6 fitness and qualifications of the applicant to practice
 7 chiropractic.  The board may contract with professional testing
 8 services to prepare, administer, and grade the state chiropractic
 9 examination.  The state chiropractic examination may include both
10 a practical demonstration and a written examination.  A license
11 shall be granted to any applicant who attains a numerical score
12 of seventy-five or higher in all subjects and sections of the
13 state chiropractic examination.  Any applicant failing to make
14 the required grade may be reexamined at the next regular
15 examination upon payment of a reexamination fee.  Any person
16 seeking licensure under this chapter, including approval to use
17 physiotherapy modalities, shall demonstrate to the satisfaction
18 of the board that the person has received training in the use of
19 physiotherapy modalities at an accredited institution and passed
20 the physiotherapy portion of the National Board of Chiropractic
21 Examiners' examination.]  (a)  An applicant for licensure who has
22 met the requirements of chapters 436B and 442, the requirements
23 prescribed in the rules of the board, and one of the following
24 requirements shall be licensed:

Page 4                                                     2486
                                     H.B. NO.           H.D. 1

 1      (1)  Successful completion of the National Board of
 2           Chiropractic Examiners parts I, II, III, IV, and
 3           physiotherapy;
 4      (2)  Successful completion of National Board of Chiropractic
 5           Examiners parts I, II, III, physiotherapy, and Special
 6           Purposes Examination and evidence of licensure in good
 7           standing under the laws of another state or states
 8           after December 31, 1988; or
 9      (3)  Successful completion of National Board of Chiropractic
10           Examiners parts I, II, physiotherapy, and Special
11           Purposes Examination and evidence of licensure in good
12           standing under the laws of another state or states
13           prior to January 1, 1989.
14      (b)  The board may require the National Board of
15 Chiropractic Examiners Special Purposes Examination in
16 circumstances where the board needs to assess a person's fitness
17 to practice chiropractic, including but not limited to:
18      (1)  State-to-state reciprocity or endorsement;
19      (2)  Disciplinary action; or
20      (3)  Licensure lapse, suspension, or revocation.
21      [(d)] (c)  No person licensed to practice chiropractic in
22 this State shall use physiotherapy modalities without receiving
23 approval by the board to do so.

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                                     H.B. NO.           H.D. 1

 1      The board shall adopt rules for granting approval for the
 2 use of physiotherapy modalities by persons holding valid, current
 3 licenses under this chapter on June 4, 1984.  The board [may]
 4 shall require any licensed chiropractor seeking approval to use
 5 physiotherapy modalities and all new applicants for chiropractic
 6 licensure to take and pass [a written or practical examination
 7 before granting approval to use] the National Board of
 8 Chiropractic Examiners physiotherapy [modalities.] examination.
 9      [(e)  For each year of actual practice as a licensed
10 chiropractor in another state the applicant shall be given a
11 credit of one-half point up to twenty years maximum to be added
12 to each score for each subject area.]"
13      SECTION 3.  Section 442-7, Hawaii Revised Statutes, is
14 amended to read as follows:
15      "442-7  [Time] Application, scheduling, administration,
16 scoring, and place of examination.  [The board of chiropractic
17 examiners shall give notice of the time and place of all
18 examinations to be held under this chapter.  The notice shall be
19 given in such manner as the board deems expedient and in ample
20 time to allow all candidates to comply with this chapter.]  The
21 application requirements and candidate qualifications to take the
22 National Board of Chiropractic Examiners examinations specified
23 in section 442-6, and the scheduling, administration,

Page 6                                                     2486
                                     H.B. NO.           H.D. 1

 1 reexamination, scoring, and place of the examinations required
 2 for licensure shall be in accordance with the policies and
 3 requirements of the National Board of Chiropractic Examiners,
 4 unless otherwise determined and modified by the board.  The
 5 qualifications for licensure in this State shall be as
 6 established in this chapter and chapter 436B and in rules adopted
 7 by the board."
 8      SECTION 4.  Statutory material to be repealed is bracketed.
 9 New statutory material is underscored.
10      SECTION 5.  This Act shall take effect upon its approval.